The Trump administration has proposed requiring federal employees, both new and existing, to sign nondisclosure agreements (NDAs), prompting criticism that the White House is attempting to silence its workforce. The rule would allow termination for employees who refuse to sign or violate the agreement.
Office of Personnel Management Proposal
The Office of Personnel Management (OPM) introduced the NDA proposal Tuesday, citing “major leaks” as justification. Officials said the agreement would cover confidential internal deliberations and other non-public information.
While NDAs are common in private industries, critics argue that imposing them on government employees raises First Amendment concerns.
Constitutional law professor Jessica Levinson told The Hill, “Any other private employer can, by contract, require that you not talk about a whole bunch of things… but when the government is acting as your employer, the First Amendment is implicated.”
Scope and Enforcement
The proposed rule targets leaks of non-public, confidential, or proprietary information, as well as internal government deliberations. Employees violating the NDA could face termination.
OPM Director Scott Kupor defended the policy as standard practice, writing on his Substack, “It’s Organizational Management 101” and emphasizing the need to prevent internal discussions from being leaked for personal or political reasons.
Criticism From Unions and Whistleblower Advocates
Critics argue that the NDA is part of a broader effort to suppress dissent and politicize the federal workforce. David Kligerman of Whistleblower Aid described the rule as “a significant encroachment on federal employees’ rights and an assault on lawful whistleblowing.”
The American Federation of Government Employees (AFGE) echoed these concerns, warning that the proposal could be used to purge career civil servants and replace them with loyalists.
AFGE President Everett Kelley said, “Federal employees do not surrender their First Amendment rights when they accept federal employment, and the public has a right to know about this administration’s abuses.”
Press freedom groups also condemned the proposal. The Freedom of the Press Foundation criticized it as a move to deter employees from sharing information with journalists, while the National Press Club described it as a threat to transparency and the public’s right to know.
Context of the Proposal
OPM cited leaks of sensitive information, including media reports on the U.S. raid to capture former Venezuelan President Nicolás Maduro, as a reason for the policy.
Kupor noted that leaks can stem from “political disagreement to personal relationships to outright malice” and stressed the importance of protecting internal deliberations to maintain an open and honest decision-making process.
